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RESPONDER9
RESPONDER9, Attorney
Category: California Employment Law
Satisfied Customers: 389
Experience:  Experienced employment lawyer
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Customer Question

I retired at the end of January. My employer in error paid me for an extra full month, then wrote demanding that I return all of the money.

There were 6 days of work for which I had not been paid.

I calculated what I was owed, including appropriate deductions, and on April 18th I sent them a letter explaining this along with a check for the amount they had overpaid. They cashed that check.

I heard nothing from them for more than 7 months. Then, on November 28th, I received another demand letter from them.

Are they legally entitled to make this demand after so much time has passed?

Thank you.
Submitted: 4 years ago.
Category: California Employment Law
Expert:  RESPONDER9 replied 4 years ago.

RESPONDER9 :

Hello and welcome to JustAnswer.com. I will attempt to answer your question. I am sorry to see you going through this. Based upon what you have told me, I see no basis for them to demand your response. You have paid what you owed them back and that should have concluded the matter. Although you are not required legally to respond, you may write them a letter explaining all just as you did to me with a copy of the cashed check, with a copy to your Human Resources Department of the company. I hope this answers your question and you promptly accept my response.

JACUSTOMER-haaaqd15- :

In the letter they state that I still owe them the rest of the original amount.

JACUSTOMER-haaaqd15- :

You have not yet answered my question.

JACUSTOMER-haaaqd15- :

Can they still demand the rest of the money after more than 7 months of silence?

JACUSTOMER-haaaqd15- :

They are threatening to sue.

JACUSTOMER-haaaqd15- :

See what I wrote this afternoon.

JACUSTOMER-haaaqd15- :

You never answered my question.

RESPONDER9 :

Well.. ....if you lift your rating, I will provide more information as had provided premium professional advice to you

JACUSTOMER-haaaqd15- :

That was not premium professional advice. You didn't evcen answer my question.

JACUSTOMER-haaaqd15- :

I will contacct customer service and request refund under guarantee.

RESPONDER9 :

Sure did, but you do as you wish

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